Besides the fact that the persons of old people especially sometimes contain spots void of sensibility, there is also room to believe that the professed prickers used a pin the point or lower part of which was, on being pressed down, sheathed in the upper, which was hollow for the purpose, and that which appeared to enter the body did not pierce it at all. But, were it worth while to dwell on a subject so ridiculous, we might recollect that in so terrible an agony of shame as is likely to convulse a human being under such a trial, and such personal insults, the blood is apt to return to the heart, and a slight wound, as with a pin, may be inflicted without being followed by blood. In the latter end of the seventeenth century this childish, indecent, and brutal practice began to be called by its right name. Fountainhall has recorded that in 1678 the Privy Council received the complaint of a poor woman who had been abused by a country magistrate and one of those impostors called prickers. They expressed high displeasure against the presumption of the parties complained against, and treated the pricker as a common cheat.[72]
[Footnote 72: Fountainhall’s “Decisions,” vol. i. p. 15.]
From this and other instances it appears that the predominance of the superstition of witchcraft, and the proneness to persecute those accused of such practices in Scotland, were increased by the too great readiness of subordinate judges to interfere in matters which were, in fact, beyond their jurisdiction. The Supreme Court of Justiciary was that in which the cause properly and exclusively ought to have been tried. But, in practice, each inferior judge in the country, the pettiest bailie in the most trifling burgh, the smallest and most ignorant baron of a rude territory, took it on him to arrest, imprison, and examine, in which examinations, as we have already seen, the accused suffered the grossest injustice. The copies of these examinations, made up of extorted confessions, or the evidence of inhabile witnesses, were all that were transmitted to the Privy Council, who were to direct the future mode of procedure. Thus no creature was secure against the malice or folly of some defamatory accusation, if there was a timid or superstitious judge, though of the meanest denomination, to be found within the district.
But, secondly, it was the course of the Privy Council to appoint commissions of the gentlemen of the country, and particularly of the clergymen, though not likely, from their education, to be freed from general prejudice, and peculiarly liable to be affected by the clamour of the neighbourhood againt the delinquent. Now, as it is well known that such a commission could not be granted in a case of murder in the county where the crime was charged, there seems no good reason why the trial of witches, so liable to excite the passions, should not have been uniformly tried by a court whose rank and condition secured them from the suspicion of partiality. But our ancestors arranged it otherwise, and it was the consequence that such commissioners very seldom, by acquitting the persons brought before them, lost an opportunity of destroying a witch.